Siaya Deputy Governor William Oduol on Wednesday failed to testify against his boss Governor James Orengo before the assembly due to a technicality.
Speaker George Okode ruled that Oduol had not complied with the requirement on how to present documents to the assembly.
He said the DG failed to avail documentary evidence to the assembly five days before appearing.
"We expected you to present the documents you want to rely on as evidence five days before the appearance so that we can authenticate and verify them," Okode said.
"We also must be able to accord anyone adversely mentioned in the documents a chance to respond."
Oduol had been given 14 days to appear before the House General Oversight Committee to shed light on his allegations against Governor Orengo and his administration.
While giving his opening remarks the DG said the assembly had no mandate to reprimand him over personal and political statements he made.
"But because this is a quasi-judicial body, I had to honour the summons to clarify the issues I had made," he said."
I am elected, I have tried internal mechanisms to solve the issues but that has failed."
Okode said the appearance was an opportunity to enable the DG to clarify and provide evidence prior to the appearance.
"If I suggest that we are not able to proceed under the circumstances, would you be aggrieved? And why?" Okode quipped.
Okode directed the DG to present the documents by Friday and wait to be summoned at a later date.
Oduol while protesting the decision to have him appear at a later date said he was not comfortable leaving the documents with the assembly.
"If I leave the vouchers they can be accessed by some people who may tamper with them if I were to leave them with you," he said.
" I will be aggrieved if I'm not heard today. I spent the whole day yesterday putting together my response and am ready to proceed."
Attempts by both the mover of the motion —Yimbo East MCA Francis Otiato and Usonga MCA Sylvester Madialo to have Oduol present the documents and be heard were dismissed by the speaker.
Some of the allegations Oduol was to clarify include his remarks that Orengo had adopted a hands-off style to steer the devolved unit while a cabal of corrupt individuals were misappropriating public funds.
He also alleged that the Orengo administration could be worse than his predecessor's and money for projects being implemented in Alego Usonga constituency were being diverted .
Oduol alleged further that senior officers from the constituency were being targeted for removal from the county government and he vowed to defend them.
